UJJAL RAJBANSHI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant criminal appeal is preferred against the Judgment dated 27042012 and Order of sentence dated 30042012 passed by the Additional District and Sessions Judge, FTC 1, Ranaghat, Nadia, whereby the accused persons were convicted under Ss. 395 and 412 of the Indian Penal Code. The genesis of the prosecution case is the written complaint dated 18012007 made by the de-facto complainant, Netai Mondal, a resident of Nrishinghapur Madhya Colony, Santipur Police Station. In the written complaint he stated that on 1718.01.2007 at about 0215 a.m. four persons entered into his home, woken up his son, Gopal Mondal from sleep and then entered into the room of the de-facto complainant with his son at gun-point. They snatched away Rs.40,000.00, 6 bhories of gold in the form of one necklace, one bangle, ear ring, ring of gold plated conch and mobile handset and then fled away. The matter was informed to the police authority by his brother Sunil Mondal and within a short period police reached the spot. The village people chased the culprits but they fled away. After sometimes the de-facto complaint heard sound of bomb explosion. Out of the four persons the de-facto complainant gave description of two of them whom he would be able to identify; the other two culprits covered their face with clothes. One of the culprits sustained bomb injury and was admitted into hospital. The written complaint was registered as Santipur Police Station case No. 14 of 2007 dated 18012007 under Sec. 395 of IPC read with Sec. 34 of Explosive Substances Act. Investigation was entrusted with the Sub-Inspector Biplab Ganguly. In course of investigation the said Investigating Officer arrested the accused persons and recovered articles, arranged for test identification parade, also arranged for test identification parade of articles recovered and did other incidental and necessary acts in connection with the investigation. Charge sheet was filed against the accused persons. Since the case was exclusively triable the Court of Sessions matter was committed to the Sessions Judge by the Additional Chief Judicial Magistrate. Thereafter, the matter was transferred to the Trial Court.

(2.) Charges were framed under Sec. 395412 of the Indian Penal Code as well as under Sec. 34 of Explosive Substances Act. Charges were read over and explained to each of the accused persons to which they pleaded not guilty and claimed to be tried. Thereafter, trial began.

(3.) The accused persons were also examined under Sec. 313 of the Indian Penal Code. Defense of the accused persons, as appears from the trend of cross- examination as well as from reply given in course of examination under Sec. 313 of the Code of Criminal Procedure, is false implication. The Trial Court convicted all the present Appellants along with the other accused persons under Sec. 395 of the Indian Penal Code. The accused persons except the Appellant No. 2 Sadhan Mondal were also convicted under Sec. 412 of the Indian Penal Code. However, they were acquitted of the charges under Sec. 34 of Explosive Substances Act. In terms of the impugned order of sentence, the Appellants and the other convicts were sentenced to suffer rigorous imprisonment for period of seven years each and to pay a fine of Rs.5,000.00 each in default to suffer simple imprisonment for a further period of three months. All the convicts except Sadhan Das were found guilty of offence punishable under Sec. 412 of the Indian Penal Code and were sentenced to suffer rigorous imprisonment for a term of seven years each and to pay a fine of Rs.5,000.00 each, in default to suffer simple imprisonment for a further period of three months for the said offence both the sentences were to run concurrently.